More Articles

The Dispatch E-Edition

All current subscribers have full access to Digital D, which includes the E-Edition and
unlimited premium content on Dispatch.com, BuckeyeXtra.com, BlueJacketsXtra.com and
DispatchPolitics.com.
Subscribe
today!

Thursday October 3, 2013 1:42 AM

TULSA, Okla. (AP) — A federal appeals court has dismissed claims by an Oklahoma woman who says
she was not hired by retailer Abercrombie & Fitch because her headscarf conflicted with the
company’s dress code, which has since been changed.

A federal judge in 2011 sided with the Equal Employment Opportunity Commission, which filed the
lawsuit on behalf of Samantha Elauf. The commission alleged that Elauf wasn’t hired in 2008 at an
Abercrombie store in Tulsa’s Woodland Hills Mall because her hijab violated the retailer’s “Look
Policy.”

That policy, the Denver-based 10th U.S. Circuit Court of Appeals ruled Tuesday, is intended to
promote and showcase the Abercrombie brand, which “exemplifies a classic East Coast collegiate
style of clothing.” Abercrombie contends that its policy is critical to the health and vitality of
its “preppy” and “casual” brand, the decision states.

The court said Elauf never told Abercrombie she needed a religious accommodation, even though
she was wearing the headscarf during her interview.

“Ms. Elauf never informed Abercrombie prior to its hiring decision that she wore her headscarf
or ‘hijab’ for religious reasons and that she needed an accommodation for that practice, due to a
conflict between the practice and Abercrombie’s clothing policy,” the decision states.

A three-judge panel of the appellate court sent the case back to U.S. District Court in Tulsa
with instructions to vacate its judgment in favor of the commission and enter judgment in favor of
Abercrombie.

The New Albany-based company changed its policy three years ago to allow religious attire. It
recently settled similar lawsuits in California.